Part 4Recognition of adoptions

Part 4 Recognition of adoptions Adoption of Children Act 1994 29 may apply to the Court for an order declaring that an adoption of a child was effected (whether before or after the commencement of this Act) under the law of an overseas country and that the adoption is one to which section 50 applies. (2) A person making an application under subsection (1) shall serve a copy of the application on the Minister. (3) The Court may hear and determine an application made under subsection (1) and may, if it thinks fit: (a) direct that notice of the application be given to such persons (including the Attorney-General) as the Court thinks fit; (b) direct that a person be made a party to the application; or (c) permit a person having an interest in the matter to intervene in, and become a party to, the proceedings. (4) Where the Court makes an order in determination of the application, it may include in the order such particulars in relation to the adoption, the adopted child and the adoptive parent or adoptive parents as it finds to be established. (5) For the purposes of the laws in force in the Territory, an order under this section binds the Crown in right of the Territory, whether or not notice was given to the Attorney-General, but, subject to subsection (6), does not affect: (a) the rights of another person unless that person was: (i) a party to the proceedings for the order or a person claiming through such a party; or (ii) a person to whom notice of the application for the order was given or a person claiming through such a person; or (b) an earlier judgment, order or decree of a court of competent jurisdiction. (6) In proceedings in a court of competent jurisdiction of the Territory, being proceedings relating to the rights of a person other than a person referred to in subsection (5)(a), the production of a copy of an order made under this section, certified by a registrar to be a true copy, shall be evidence that an adoption was effected in accordance with the particulars contained in the order and that the adoption is one to which section 50 applies.

Part 5 Registration of adoptions Adoption of Children Act 1994 30